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Part XIVU.K.Social Security Systems Outside Great Britain

Co-ordinationU.K.

F1177Co-ordination with Northern IrelandU.K.

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Textual Amendments

ReciprocityU.K.

F1178Reciprocal arrangements with Northern Ireland - income-related benefits and child benefitU.K.

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Textual Amendments

179Reciprocal agreements with countries outside the United KingdomU.K.

(1)For the purpose of giving effect—

(a)to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b)to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government in question,

Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2)An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3)The modifications which may be made by virtue of subsection (1) above include provisions—

(a)for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act[F2, the Jobseekers Act 1995][F3, Chapter II of Part I of the Social Security Act 1998][F4, Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999][F5, Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999][F6, the State Pension Credit Act 2002][F7, Part 1 of the Welfare Reform Act 2007][F8, Part 1 of the Welfare Reform Act 2012][F9, Part 4 of that Act][F10, Part 1 of the Pensions Act 2014][F11, Part 5 of that Act] and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

(b)for determining, in cases where rights accrue both under such legislation and under the law of that country, which of those rights is to be available to the person concerned;

(c)for making any necessary financial adjustments.

(4)This section applies—

(a)to the Contributions and Benefits Act;

[F12(aa)to the Jobseekers Act 1995;] and

[F13(ab)to Chapter II of Part I of the Social Security Act 1998;]

[F14(ac)to Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and]

[F15(ad) to Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999; and]

[F16(ae)to the State Pension Credit Act 2002; [F17and

(af)to Part 1 of the Welfare Reform Act 2007;]

[F18(ag)to Part 1 of the Welfare Reform Act 2012; and]

[F19(ah)to Part 4 of that Act;] and]

[F20(ai)to Part 1 of the Pensions Act 2014;]

[F21(aj)to Part 5 of the Pensions Act 2014;]

(b)to this Act, except in relation to the following benefits—

(i)community charge benefits;

(ii)payments out of the social fund;

(iii)Christmas bonus;

(iv)statutory sick pay; and

(v)statutory maternity pay.

(5)The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act[F22, this Act or Part 1 of the Welfare Reform Act 2007] [F23or Part 1 of the Pensions Act 2014] [F24or section 30 of that Act] and concerning—

[F25(za)universal credit;]

(a)income support;

[F26(aa)jobseeker's allowance;]

[F27(ab)state pension credit;]

[F28(ac)employment and support allowance;]

[F29(ad)state pension under Part 1 of the Pensions Act 2014;]

[F30(ae)bereavement support payment;]

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)housing benefit; or

(e)child benefit.

Textual Amendments

F2Words in s. 179(3)(a) inserted (22.4.96) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 70(2); S.I. 1996/1126, art. 2(a)

F3Words in s. 179(3)(a) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 107(1); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F6Words in s. 179(3)(a) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(2); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F9Words in s. 179(3)(a) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 27(2); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F13S. 179(4)(ab) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 107(2); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F16S. 179(4)(ae) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(3); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F17S. 179(4)(af) and preceding word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(29)(b); S.I. 2008/787, art. 2(4)(f)

F19S. 179(4)(ah) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 27(3); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F27S. 179(5)(ab) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 21(4); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F31S. 179(5)(b)(c) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

[F32179AExchange of information with overseas authoritiesU.K.

(1)This section applies where it appears to the Secretary of State-

(a)that there are arrangements in force for the exchange of relevant information between him and any authorities in a country outside the United Kingdom ('the overseas country'); and

(b)that the arrangements and the law in force fin the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Secretary of State under this section

(2)For the purpose of facilitating the carrying out by authorities in the overseas country of any function relating to anything corresponding to, or in the nature of, a social security benefit, the Secretary of State may make any such disclosure of relevant information to authorities in the overseas country as he considers necessary to give effect to the arrangements.

(3)It shall be the duty of the Secretary of State to take all such steps as may be reasonable for securing that relevant information disclosed to him in accordance with the arrangements is not used for any purpose for which its use is not expressly or impliedly authorised by or under the arrangements.

(4)This section does not apply where provision is in force under section 179 above for giving effect to the arrangements in question.

(5)The purposes for which information may be required to be disclosed to the Secretary of State under section 122D above or section 116D of the Northern Ireland Administration Act (information required from authorities administering housing benefit or council tax benefit) shall be deemed to include the further disclosure of that information in accordance with this section.

(6)In this section “relevant information” means any information held by the Secretary of State or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.]

Textual Amendments